3. Guidance for Planners

What are the priorities for Public Art in the county?

Public art is never intended to make bad developments good (bad developments are not given planning permission). Public Art is intended to enhance and develop the quality, distinctiveness and future heritage of an area. Developments that trigger public art requirement are:

  • Major / large scale residential or commercial development
  • Highly visible/ landmark locations
  • Those where the community need to be more engaged with the development
  • Those near public land in need of enhancement.

What is normally included in legal agreements?

The following items will normally be included in a legal agreement:

  • The amount of contribution and who hosts the money (sometimes the developer directly commissions the artists, other times the Council hosts the money and commissions on the developers behalf).
  • The date for the implementation of the art work.
  • Any specified locations
  • Additional roles of the developer (such as installation of the work etc)
  • The ownership (including insurance and maintenance responsibilities) of the final piece if it is the developer
  • Agreement on not altering the work without the Council's and/or artist's approval.

Some of the above are negotiated after the S106 agreement, but it is always preferable to have clearly defined roles at an early stage. A key decision to make early on with the Council is whether its preferable for the Council to host the contribution and commission the artwork on the developer's behalf, or for the developer to retain the money and undertake the work directly in consultation with the Council.

Where should the art work be sited?

Works achieved through the development of a single site through this process should be sited so as to be visible to the public and reasonably related to the development. Often developments also include contributions to open space and play areas to be maintained by the Council.  These areas lend themselves to incorporating works of art but remember that this may result in greater contributions being needed to assist with the maintenance schedule.   Contributions to off site provision may be considered where justified. 

Who should approve final designs?

A steering group (comprising the developer, a planning officer and the Council's public art specialist) will oversee each stage of a project. The group can include other representatives. This group will agree the final design.

What are the planning requirements for implementing a work of art?

Art work secured as part of a planning permission to be provided on site is normally considered as part of discharging the landscape conditions. Off-site provision may require a separate application for planning permission. Advice on whether or not planning permission will be required for a particular work of art can be obtained from the case officer in the Council's Development Control Team.